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MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL HELD IN

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					     MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
            HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
              THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.

        Attendance

        Cr P W Silver (Mayor – in the Chair), M R Howes, A S Rich, A J Brown, P J
        Moore, K H Johnson, D E Wright, S L Cadwallader and J B Felsch.

        John Christopherson (General Manager), Paul Hickey (Corporate Services
        Group Manager), John Truman (Civil Services Group Manager), Andrew
        Smith (Regulatory Services Group), Steve Barnier (Executive Strategic
        Planner) and Sandra Bailey (Secretary) were in attendance.

        There were 9 people in the gallery at this stage.


1.      Apologies

        Nil

2.      Confirmation of Minutes – 231106(001)

        RESOLVED:            (J. Felsch/S. Cadwallader)
        That the Minutes of the Ordinary Meeting of Ballina Shire Council held on
        Thursday, 26 October, 2006, as circulated to members, be taken as read and
        confirmed.

        That the Minutes of the Extraordinary Meeting of Ballina Shire Council held on
        Monday, 13 November, 2006, as circulated to members, be taken as read
        and confirmed.


3.      Declarations of Interest

        Cr Brown – declared an interest in Item 30 – Ballina Byron Gateway Airport –
        Charges for Car Rental Operators. (Nature of Interest: non-pecuniary – he is
        a casual employee of one of the car rental businesses – he would be
        departing the Chamber while the matter is discussed).

        Cr Silver – declared an interest in Item 9 – DA 2003/779 – Section 96 1(A)
        Application – Ramada Hotel Tourist Development – Martin Street Ballina.
        (Nature of Interest: non-pecuniary – he owns an interest in the other Ramada
        Hotel in Fawcett Street and believed there is sufficient connection not to be
        involved in the debate – he would be departing the Chamber while the matter
        is discussed).

        Cr Moore – Item 9 – DA 2003/779 – Section 96 1(A) Application – Ramada
        Hotel Tourist Development – Martin Street Ballina. (Nature of Interest: non-
        pecuniary – close personal friend involved – he would be departing the
        Chamber while the matter is discussed).




Page 1 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
     MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
            HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
              THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.

        Cr Howes – declared an interest in Item 10 – Outstanding Development
        Applications and in particular DA 2006/602. (Nature of Interest: pecuniary –
        her own DA – she would be departing the Chamber while the matter is
        discussed).


4.      Deputations

                    •   Paul Martinvoich – spoke in relation to Item 37 – Petition
                        Requesting a Skate Park in Lennox Head.
                    •   Col Rodrick – spoke in opposition to Item 30 – Ballina Byron
                        Gateway Airport – Charges for Car Rental Operators.
                    •   Chris Beavis – spoke in support of Item 35 – Crown Reserve
                        1010068 – Ballina Lismore Surf Life Saving Club.
                    •   Sarah Kelly/Mark Tooker (SAKE Developments) – spoke in
                        opposition to the recommendation contained in Item 6 – Major
                        Project – Part 3A of the EPA Act 1979 – 45 Lot Subdivision at
                        Survey Street, Lennox Head.
                    •   Ron Bridges – spoke in favour of Item 34 – Ballina Flood
                        Study Update Project.
                    •   Brian Smith – spoke in relation to Item 37 – Petition
                        Requesting a Skate Park in Lennox Head.



5.      Mayoral Minutes – Pacific Highway Freight Load – 231106(002)

        RESOLVED:            (P. Silver/J. Felsch)
        That Council supports the Mayor in calling on State and Federal
        Governments to achieve a balance of heavy road transport across the Pacific
        and New England Highways through the use of a combination of diesel fuel
        excise rebates on the New England Highway and gross weight limits on the
        Pacific Highway as an interim measure until the upgrading of the Pacific
        Highway to divided dual carriageway.


6.      Major Project – Part 3A of the EPA Act 1979 – 45 Lot Subdivision at
        Survey Street, Lennox Head – SAKE Developments – 231106(003)

        RESOLVED:               (D. Wright/J. Felsch)

        That Council advise the Department of Planning that the EA does not
        adequately address a number of key issues as outlined in the report.




Page 2 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
     MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
            HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
              THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.


7.      Section 96 Application to Modify Development Consent – DA 2006/455 –
        J & R Gosper - Lot 2 DP 1080422, No. 721 Houghlahans Creek Road,
        Pearces Creek – 231106(004)

        Applicant:                      J & R Gosper

        Owner:                          J & R Gosper

        Property:                       Lot 2 DP 1080422, No. 721 Houghlahans Creek
                                        Road, Pearces Creek.

        Proposal:                       Application under s96(1A) of the Environmental
                                        Planning and Assessment Act to amend DA
                                        2006/455 to amend the alignment of the
                                        approved airstrip.

        Consented Development           DA 2006/455 - To Establish a Private Airstrip for
                                        the taking off and landing of a personally owned
                                        and operated Light Sports Aircraft and
                                        Construction of a Shed to Store an Aircraft.


        RESOLVED:            (D. Wright/P. Moore)
        That Section 96 Application to Modify Development Consent – DA 2006/455
        to modify the alignment of the approved airstrip be APPROVED subject to the
        appropriate amendment of condition 1.1.


8.      Development Applications – 231106(005)

        RESOLVED:               (J. Felsch/D. Wright)

        That this report be received and noted.


        (Crs Silver & Moore declared interests in Item 9 and departed the meeting at
        10.10 a.m.) (Cr Cadwallader, Deputy Mayor assumed the Chair)

9.      DA-2003/779 – Section 96 1(A) Application Ramada Hotel Tourist
        Development – Martin Street, Ballina – 231106(006)

        Applicant:                               Newton Denny Chapelle

        Existing Approved Development: Erection of a Tourist Facility (Hotel)
                                       comprising a six (6) level building with
                                       110 suites subdivided into 61 strata lots
                                       using a two key system and 11
                                       commercial/retail premises subdivided
                                       into 11 strata lots, associated facilities
                                       and car parking on two levels.
Page 3 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
      MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
             HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
               THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.

        RESOLVED:               (J. Felsch/K. Johnson)

        That the report be received and noted.

        (Crs Silver & Moore returned to the meeting at 10.17 a.m.) Cr Silver resumed
        the Chair.


        (Cr Howes declared an interest in Item 10, particularly DA 2006/602, and
        departed the meeting at 10.17 a.m.)

10.     Outstanding Development Applications – 231106(007)

        RESOLVED:               (D. Wright/K. Johnson)

        That the report be received and noted.

        (Cr Howes returned to the meeting at 10.20 a.m.)


11.     Environmental Protection & Heritage Council – A National Framework
        for Chemicals Management in Australia – Discussion Paper – July 2006
        – 231106(008)

        RESOLVED:               (K. Johnson/D. Wright)

        As the proposed National Framework for Chemicals Environmental
        Management will not directly impact on Council or Council’s resources it is
        recommended that no formal comments be provided.


12.     Expansion of Southern Cross Industrial Estate – Amendment No. 95 to
        Ballina LEP & Associated DCP Amendment – 231106(009)

        RESOLVED:               (D. Wright/K. Johnson)

        That Council resolve as follows:

        1.      To inform the Director-General of the NSW Department of Planning
                that no public hearing is considered necessary in respect of this
                matter.

        2.      That the terms outlined by the Department of Environment &
                Conservation at the meeting held on 19 August 2005 be the guiding
                principles for the planning and development of the subject land.




Page 4 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
      MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
             HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
               THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.

        3.      To adopt Draft Ballina Local Environmental Plan 1987 (Amendment
                No. 95) as exhibited with the minor adjustment to the western and
                southern boundaries of the proposed environmental protection zone
                as outlined in this report to ensure existing road and drainage
                infrastructure is not included in that zone, and request the NSW
                Department of Planning to finalise the draft plan for Ministerial
                approval.

        4.      To amend the Ballina Shire Combined Development Control Plan by
                designating the area to be rezoned Category I2 – General Industry as
                per the exhibited plan and for this amendment to take effect upon the
                notification of the draft local environmental plan in the NSW
                Government Gazette.



13.     Office Closure – Christmas/New Year – 231106(010)

        RESOLVED:               (J. Felsch/D. Wright )

        That the Administration Office be closed from 3 pm Friday, 22 December,
        2006 until Tuesday, 2 January, 2007 with indoor staff being granted 3 days
        concessional leave on 27, 28, 29 December, 2006, in lieu of overtime worked
        during the year.



14.     Request for Leave of Absence – 231106(011)

        RESOLVED:            (J. Felsch/D. Wright)
        That Cr Cadwallader be granted leave of absence for the 14 December, 2006
        Ordinary Meeting.



15.     Use of Council Seal – 231106(012)
        (Reference: Use of Seal)

        RESOLVED:               (J. Felsch/D. Wright)

        That Council affix the Common Seal to the following documents.

       US06/34         Alfresco Dining licence - Council to T & H Tall, Café Swish, 147
                       River St, Ballina - DA2007/151 Endorsed 1 November 2006




Page 5 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
      MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
             HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
               THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.


16.     Australian Research Council (ARC) Linkage Proposal - “Cultural
        Industries, Creativity and the Arts in Sustainable Community
        Development” – 231106(013)

        A Motion was moved by Cr K. Johnson and seconded by Cr J. Felsch –

        That Council decline participation.

        The Motion was LOST.

        A Division was called for.

        Voting in Favour
        Crs Johnson, Felsch, Howes & Brown.

        Voting Against
        Crs Silver, Rich, Moore, Wright & Cadwallader.



        RESOLVED:             (P. SilverD. Wright)
        That Council contribute $4,000 and $1,000 in-kind.

                                             AGAINST

        Crs Felsch & Howes recorded their names against the above decision.



18.     Application by Alstonville Apex Club for additional Funding for 2006
        New Years Eve Family Festival at the Alstonville Show Grounds –
        231106(014)

        A Motion was moved by Cr S. Cadwallader and seconded by Cr D. Wright -

        1.      That Ballina Shire Council approve the increase in budget for the
                Alstonville Apex Family Festival from $ 8,000 to $ 10,000.

        2.      That the General Manager discuss with Alstonville Apex the concept
                of promoting the event across the Shire.

        3.      That in budget planning for FY 06/07 $ 24,000 remain in the budget to
                be allocated on merit of applications received by the end of August not
                on a set allocation per Ward.

        An Amendment was moved by Cr A Rich –

        1.      That Ballina Shire Council approve the increase in budget for the
                Alstonville Apex Family Festival from $ 8,000 to $ 10,000.


Page 6 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
      MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
             HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
               THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.


        2.      That the General Manager discuss with Alstonville Apex the concept
                of promoting the event across the Shire.

        The Amendment LAPSED for want of a seconder.

        The Motion was CARRIED.


        Adjournment

        The Mayor declared the meeting adjourned at 10.50 a.m.)

        The meeting resumed at 11.15 a.m


17.     Strategic Alliance Network “Strategic Resource Sharing Guidance
        Paper” – 231106(015)

        RESOLVED:               (D. Wright/A. Rich)

        That Ballina Shire Council endorse NOROC’s decision to provide a regional
        response to resource sharing and provide all assistance requested by the
        NOROC Executive.         The General Manager is to present the NOROC
        response to Ballina Shire Council on completion.

27.     Ballina Community Services Centre – Location – 231106(016)

        RESOLVED:               (P. Moore/S. Cadwallader)

        1.    Council confirms Treelands Reserve is the preferred site for the
              construction of the Ballina Community Services Centre.

        2.    Council authorises the General Manager to amend the existing plans for
              the facility to allow for Ballina District Community Services Association
              to occupy the space that was previously allocated to Ballina Meals on
              Wheels.

        3.    Council authorises the General Manager to immediately call fresh
              tenders for the construction of the facility with the maximum funding for
              the building to be financed from the following sources.

                        Description                                 Amount ($)
                Grant – DADHC                                          500,000
                Interest - DADHC Grant                                 120,000
                Donation                                               520,000
                Section 94 Contributions                               665,000
                Community Facilities Reserve                           195,000
                Community Infrastructure Reserve                     1,500,000
                Total                                                3,500,000

Page 7 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
      MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
             HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
               THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.

                In conjunction with this funding Council will also be applying for
                regional partnerships funding with any funds received through this
                program being used to offset the Council reserves contribution to the
                project.


19.     Strategic Planning Workshop – 231106(017)

        RESOLVED:               (D. Wright/A. Brown)

        1.    Council endorse the use of a conference facility able to cater
              economically for conferencing and accommodation located in the
              Northern Rivers Region

        2.    Council approve the indicative budget of $ 6,000


20.     Organisation Review – 231106(018)

        RESOLVED:               (Wright/Johnson)

        1. Council note the recruitment of a Contracts/Project Manager into the
           Corporate Services Section as per the endorsement from the July
           workshop.

        2. That a review of our current structure be an objective of the February
           workshop.

        3.    That changes to the structure be incorporated into preparing the budget
              and management plan for 2007/2008.


21.     Economic Development & Tourism – Farm and Nature Tourism –
        231106(019)

        RESOLVED:               (P. Moore/S. Cadwallader)

        That Council note the report.


22.     Banking Investments – 231106(020)

        RESOLVED:               (D. Wright/J. Felsch)

        That Council notes the record of banking and investments for October 2006.




Page 8 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
      MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
             HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
               THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.


23.     Management Plan Review – September 2006 – 231106(021)

        RESOLVED:               (K. Johnson/J. Felsch)

        That Council notes the contents of the September review of the 2005/06
        Management Plan.


24.     Annual Financial Reports - Year Ended 30 June 2006 – 231106(022)

        RESOLVED:               (Wright/Moore)

        That the Annual Financial Reports and Auditor’s Reports for the financial year
        ended 30 June 2006, as publicly advertised, be adopted and presented to the
        public.


25.     Quarterly Financial Review – 30 September 2006 – 231106(023)

        RESOLVED:               (K. Johnson/D. Wright)

        That Council notes the contents of the September 2006 quarterly financial
        review and approves the budget adjustments noted in this report.


        (Cr Brown declared an interest in Item 30 and departed the meeting at 12.30
        p.m.)


30.     Ballina Byron Gateway Airport - Charges for Car Rental Operators –
        231106(024)

        A Motion was moved by Cr S Cadwallader and seconded by Cr A Rich -

        That the 2006/07 Car Rental fees decision be deferred until the combined car
        rental operators’ submission be assessed and reported to Council.

        The Mayor, Cr Silver ruled the above motion invalid as the rental operators’
        submission had already been assessed.

        A Motion was moved by Cr S. Cadwallader and seconded by Cr A Rich-
        That the 2006/07 Car Rental fees be deferred until a meeting is held with the
        combined car rental operators.

        RESOLVED:             (P. Silver/J. Felsch)
        That this item be deferred to allow the General Manager to obtain advice in
        terms of the correctness of commercial -vs- constituent process.




Page 9 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
      MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
             HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
               THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.

        Public Question Time

        Betty Reynolds – is a bus shelter to be erected at Big W bus stop as she
        believed there was a disused shelter in the vicinity? John Truman will follow
        the matter up.

        Summer Bus Proposal – Steve Barnier advised the meeting that the Ministry
        of Transport has authorised use of funding to provide a Summer Bus. Final
        details are not yet know relating to timetables but a report will be presented to
        the December Ordinary meeting.

        (Cr Brown returned to the meeting at 12.50 p.m.)

        Ralph Moss – what is the law or what procedures are in place for general
        public re rights and public obligations of being a Councillor in relation to the
        Code of Conduct and meeting practices. The General Manager advised that
        the DLG is considering the concept of compulsory training for Councillors.


        Adjournment

        The Mayor declared the meeting adjourned at 12.56 p.m.

        The meeting resumed at 1.46 p.m.
        (Crs Howes & Brown were not in attendance at this stage, Cr Brown having
        declared an interest in Item 30.)


30.     Ballina Byron Gateway Airport - Charges for Car Rental Operators –
        231106(025)

        A Motion had earlier been moved by Cr S. Cadwallader and seconded by Cr
        A Rich -
        That the 2006/07 Car Rental fees be deferred until a meeting is held with the
        combined car rental operators.

        The mover and seconder subsequently amended their motion to read -

        That the 2006/07 Car Rental fees be deferred.

        (Cr Howes returned to the meeting at 1.58 p.m.)

        The Motion was LOST.

        RESOLVED:               (D. Wright/K. Johnson)

        That the 2006/07 Car Rental fees be set as follows:

        *       Car Rental Desk in terminal plus 3 parking spaces be $3,200 inc.
                GST.
        *       Additional parking spaces $375 inc GST per space.
        *       That the new rates apply from 1 December, 2006.
Page 10 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
      MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
             HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
               THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.


        *           That the new rates be pro-rated for the remainder of the 2006/07
                    financial year.

        Cr Howes called for a Division.

        Voting in Favour
        Crs Moore, Johnson, Wright, Cadwallader, Felsch & Silver.

        Voting Against
        Crs Howes & Rich.


46.     Confidential Session – 231106(026)

        RESOLVED:            (D. Wright/K. Johnson)
        That Council moves into Confidential Session in Closed Meeting in
        accordance with Section 9 (2A) of the Local Government Act, 1993, with the
        exclusion of the press and public, to consider the following items in
        accordance with Section 10A (2) of the Local Government Act, 1993:

            •       Section 10A(2)(a) – Personnel matters affecting particular
                    individuals (except for Councillors)
                    General Manager’s Performance Review
                    Reason: This item relates to a staff member.

                •   Section 10A(2)(g) – Advice concerning litigation or advice that
                    would otherwise be privileged from production in legal
                    proceedings on the grounds of legal professional privilege.
                    Ballina Landfill
                    Reason: The item contains information which could be used in legal
                    proceedings.


        (The Council moved into the Confidential Session at 1.58 p.m.)
        (Cr Brown returned to the meeting at this stage)
        (All staff departed the meeting during the Confidential Session after the
        Ballina Landfill item at 2.38 p.m.)

        (Cr Wright departed the meeting at 3.30 p.m.)

        Open Council – 231106(027)

        RESOLVED:            (P. Moore/J. Felsch)
        That Council move into Open Council.

        (The Council moved into Open Council at 3.36 p.m.)
        (Staff returned to the meeting at this stage.)




Page 11 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
     MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
            HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
              THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.

        The General Manager reported to the Open Meeting the recommendations
        made while in Confidential Session:

        Ballina Landfill – CW231106(001)

        RECOMMENDED:                    (D. Wright/J. Felsch)

        1. That this report be noted.

        2. That Council authorise staff to work with the staff of Richmond Valley
           Council on the feasibility of a regional landfill.

        3. That after a number of years of monitoring indicating successful
           compliance with the licence conditions the concept of revisiting an
           overtopping trial be revisited.

        4. That the General Manager arrange for reporting of external process
           auditing of the monitoring and licence compliance currently in place at the
           Landfill and elsewhere throughout Council’s operations.


        General Manager’s Performance Review – CW 231106(002)

        RECOMMENDATION:                 (P. Silver/J. Felsch)

        That Council notes the Committee’s report and resolves that as at November
        2006 the General Manager’s performance be rated as a B, Satisfactory.



        Adoption of Recommendations from Confidential Session – 231106(028)

        RESOLVED:               (S. Cadwallader/A. Brown)

        That the recommendations made whilst in Confidential Session, being Minute
        Nos. CW231106(001) and (002) inclusive, be adopted.




Page 12 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
      MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
             HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
               THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.


41.     Motions on Notice – Cr Felsch – Kerr Street Traffic – 231106(029)

        RESOLVED:               (J. Felsch/P. Silver)

        That as a matter of urgency, prior to the Christmas holiday and if able to be
        done:

              1. That a left hand slip lane be installed at Kerr Street and River Street
                 intersection for north bound traffic so that north bound traffic need not
                 impact the roundabout.

              2. That a left hand slip lane be installed at Kerr Street and Bangalow
                 Road intersection for north bound traffic so that north bound traffic
                 need not impact the roundabout.

              3. That the Bangalow Road east bound exit to the Bangalow Road and
                 Kerr Street roundabout be modified to two lane.

              4. That the exit from the old Council Industrial Estate onto Bangalow
                 Road be restricted to left hand turn only.

        (Cr Felsch departed the meeting at 3.56 p.m. during discussion on this item.)



26.     Commercial Waste Budget – Review – 231106(030)

        RESOLVED:               (S. Cadwallader/K. Johnson)

        That due to the continuation of the Council transporting waste outside the
        shire, and the change in operations at the MRF, Council adopts the following
        revised fees for the waste centre for the balance of 2006/07.

        Fee                                       2006/07 ($)    2006/07 ($)   Change
                                                   Current        Revised        %

        Recycling
        100% Sorted Clean concrete bricks, rock and roof tiles
        Vehicle Type
        Cars/sedans, station-wagon ($ per              2.00            2.30       15
        vehicle)
        Vans, trailers, utilities ($ per vehicle)      7.50            8.50       13
        <300kg
        Trucks ($ per tonne per vehicle)              22.00           25.00       14
        Minimum payment                                7.50            8.50       13

        Green Waste
        100% Clean grass clippings, garden waste and tree loppings
        Vehicle Type
        Cars/sedans, station-wagon ($ per              2.40            2.80       16
        vehicle) < 65kg
        ½ Ute load – 65 to 150kg                        N/A            4.50      New
Page 13 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
     MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
            HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
              THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.
        Fee                                         2006/07 ($)   2006/07 ($)    Change
                                                     Current       Revised         %
        Vans, trailers, utilities ($ per vehicle)         7.80          9.00       15
        <300kg
        Trucks ($ per tonne per vehicle)                 26.00          30.00      15
        Minimum payment                                   7.80           9.00      15

        Mixed Waste
        Mixed domestic and commercial waste – no liquids
        Vehicle Type
        Single bag < 25kg                               N/A              2.30     New
        Cars/sedans, station-wagon ($ per              7.00              8.00      14
        vehicle)< 65kg
        ½ Ute load – 65 to 150kg                        N/A             16.00     New
        Vans, trailers, utilities ($ per vehicle)    27.00              31.00      15
        <300kg
        Trucks ($/tonne/vehicle)                     80.00              92.00      15
        Minimum Payment                              25.00              29.00      16

        100% Sorted Scrap Metal
        Vehicle Type
        Cars/sedans, station-wagon ($ per                 4.00           4.50      13
        vehicle)
        Vans, trailers, utilities ($ per vehicle)        13.00          15.00      15
        <300kg
        Trucks ($ per tonne per vehicle)                 39.00          45.00      15
        Minimum Payment                                  14.00          14.00      14

        Wheelie Bin Sales
        Commercial Waste Services sell new and second-hand mixed waste (green)
        and recycling (blue) bins. Sales also include parts such as lids, wheels and
        axles. The sale of bins is a commercial service. Prices are reviewed as market
        rates and cost of goods vary. The price to purchase bins or parts may be
        obtained by contacting the Waste Services Section of Council.

        Specific Waste Charges

        Asbestos Waste – accepted by prior            77.00 per   120.00 per       56
        arrangement only                                  tonne         tonne
        Tyres
        Car, motor bike                                    4.00           4.50     13
        4x4 light truck                                     5.70          6.50     14
        Truck                                             13.70         16.00      17
        Other (Price on application per tyre)       P.O.A./tyre P.O.A./tyre
        NB: Tyres that are fitted to rims incur $2.00 surcharge per tyre.

        Refrigerators (no degas certificate)         22.00/per   25.00/item      14
                                                          item
        Gas bottles / pressure containers          6.00 / item    7.00/item      17
        All other metal including car bodies and white goods charged as per scrap
        metal
        Dead Animals
        Small                                             3.70         4.20      14
        Medium                                           12.00       14.00       17
        Large (equates to ute load of mixed              27.00       31.00       15
        waste)


Page 14 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
     MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
            HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
              THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.
        Fee                                       2006/07 ($)   2006/07 ($)    Change
                                                   Current       Revised         %
                Excavated Materal ($/tonne)
        Clean Excavated Natural Material (no              N/A    No charge       New
        Rocks)
        Inert Classification                              N/A         46.00      New
        Solid Waste Classification                      85.00         92.00       8

        NB: Soil must meet EPA standards, which is subject to individual application.

        Weighbridge operator may ask to inspect load to determine waste classification.
        If sorted wastes are found to be contaminated, a special waste surcharge will
        be charged.

        Special Event or Special Services Charge
        Price available upon application to the Waste Management Centre. Prices
        reviewed as market rates and operating costs change.

        Public Weighbridge
        Single weighing requiring certificate           13.00         15.00       15
        (Includes account customers)

        Bulk Bin Collection Service and acceptance of Recyclables
        Price available upon application to the Waste Management Centre.          Prices
        reviewed as market rates and operating costs change.

        Recycling Service
        Compost Bins                              70.00 each 80.00 each         14
        Farms                                     70.00 each 80.00 each         14
        Mulch coarse (excluding delivery            12.00 per   10.00 per       17
        charge)                                         tonne        tonne
        Mulch fine (excluding delivery charge)      28.00 per   14.00 per      (50)
                                                        tonne        tonne
        Large quantities of mulch – P.O.A. to Services Manager. Price reviewed to
        meet demand and operational needs




Page 15 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
      MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
             HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
               THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.


28.     Councillors Expenses and Facilities – 231106(031)

        A Motion was moved by Cr A. Rich and seconded by Cr S. Cadwallader -

        That Council adopt the Councillor Expenses and Facilities policy as attached
        to the report, with the addition of the provision of ADSL or equivalent internet.

        The Motion was LOST.

        A Motion was moved by Cr K. Johnson and seconded by Cr P. Moore –

        That Council adopt the Councillor Expenses and Facilities policy as attached
        to the report, with the telephone allowance being reduced to $50 per month.

        An Amendment was moved by Cr A Rich -
        That Council adopt the Councillor Expenses and Facilities policy as attached
        to the report, with the telephone allowance being reduced to $75 per month.

        The Amendment LAPSED for want of a seconder.

        The Motion was CARRIED.


29.     Newlog Weight Of Loads Group - Information Report – 231106(032)

        RESOLVED:               (A. Brown/P. Moore)

        That the report regarding NEWLOG Weight of Loads Group be received and
        noted and that Council’s continuing participation be endorsed.


31.     Tuckombil and Stokers Quarries - Proposed Increase in Product Prices
        – 231106(033)

        RESOLVED:               (K. Johnson/A. Brown)

        That the proposed increase in quarry prices be approved and advertised in
        accordance with the provisions of the Local Government Act 1993.



32.     Ballina Byron Gateway Airport Runway Shoulder Widening Tender T244
        – 231106(034)

        RESOLVED:               (A. Brown/K. Johnson)

        That Tender T244 – Runway Shoulder Widening Ballina Byron Gateway
        Airport, be awarded to Tropic Asphalts for their submission of Option 1A in
        accordance with the specification to the value of $393,250.00


Page 16 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
      MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
             HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
               THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.

        (Cr Howes departed the meeting at 4.25 p.m.)


33.     Supply & Delivery of One New Truck Mounted Road Sweeper and/or
        Purchase & Removal of One Existing Truck Mounted Road Sweeper
        (Plant 27) – 231106(035)

        RESOLVED:               (K. Johnson/A. Brown)

        That in relation to Tender No:E-2007/11, Council accept the tender from
        Rosmech for the supply of one (1) new Scarab Merlin street sweeper at a
        purchase price of $304,879.28 (Inc GST), with Councils existing MacDonald
        Johnston street sweeper offered as a trade-in at a price of $55,000.00 (Inc
        GST).


34.     Ballina Flood Study Update Project – 231106(036)

        RESOLVED:               (A. Brown/S. Cadwallader)

        1.      That Council receive and note the progress report regarding the
                Ballina Flood Study Update project.

        2.      That Council authorises the continued engagement of WBM under the
                existing terms and conditions of their contract for flood modelling of
                future development scenarios. This authorisation is subject to the
                confirmation of continued grant funding (State/Commonwealth 2/3 and
                Council 1/3).

        3.      That Council’s funding contribution for (2) above be reviewed at the
                next quarterly review of the Management Plan.


35.     Crown Reserve 1010068 - Ballina Lismore Surf Life Saving Club –
        231106(037)

        RESOLVED:               (A. Brown/P. Moore)

        That Council allocate $5,000 to prepare a concept plan for the siting of a new
        Surf Life Saving Club at Lighthouse Beach and that the source of the funds
        be identified in the next quarterly review.




Page 17 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
      MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
             HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
               THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.


36.     Pesticide Notification Plan and Pesticide Use Policy – 231106(038)

        RESOLVED:               (S. Cadwallader/A. Rich)

            1.    That Council adopt the exhibited Draft Pesticide Notification Plan,
                  and

            2.    That Council adopt the exhibited Draft Pesticide Use Policy.


37.     Petition Requesting a Skate Park in Lennox Head – 231106(039)

        A Motion was moved by Cr P. Moore and seconded by Cr S. Cadwallader -

            1. That Council note the receipt of a petition seeking the procurement of
               Skating Facilities in Lennox Head.

            2. That Council confirm its support for the future provision of a skate park
               in Lennox Head.

            3. That Council support the commencement of the planning for a skate
               park in Lennox Head by providing conceptual designs to the Council
               and that staff report to Council on the appropriateness of 2 locations,
               being the future Lennox community centre site and within the land
               adjacent to the Lennox bus shelter and public toilets, with a view to
               conducting a poll at the Lennox Head polling booth at the next election
               opportunity.

        An Amendment was moved by Cr A. Rich –

            1. That Council note the receipt of a petition seeking the procurement of
               Skating Facilities in Lennox Head.

            2. That Council confirm its support for the future provision of a skate park
               in Lennox Head.

            3. That Council support the commencement of the planning for a skate
               park in Lennox Head by providing conceptual designs to the Council
               and that staff report to Council on the appropriateness of 2 locations,
               being the future Lennox community centre site and within the land
               adjacent to the Lennox bus shelter and public toilets, with a view to
               conducting a Shirewide poll at the next election opportunity.

        The Amendment LAPSED for want of a seconder.

        The Motion was CARRIED.




Page 18 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
      MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
             HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
               THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.


38.     Capital Works – Roads – 231106(040)

        RESOLVED:               (K. Johnson/A. Brown)

            1. That the report regarding the capital works road budget be received
               and noted.

            2. That the revised budget shown as Attachment A be adopted.


39.     Bruxner Highway Resealing Works – 231106(041)

        RESOLVED:               (K. Johnson/S. Cadwallader)

        That, in accordance with Part (3) Section 55 of the Local Government Act,
        1993, resealing works on the Bruxner Highway be procured from FRH Group
        Pty Ltd for an estimated cost of $190,498 (excluding GST) without calling
        tenders given the extenuating circumstances due to and the need to complete
        the work within the RTA timeframe.


40.     Wardell Streetscape Masterplan – 231106(042)

        RESOLVED:               (A. Brown/A. Rich)

            1. That Environmental Landscapes Pty Ltd be awarded the project for
               development of the streetscape masterplan for central Wardell for
               $15,000.

            2. That the management plan be adjusted to accommodate this
               expenditure at the next quarterly review.



42.     Environmental Committee Minutes – 2/11/06 – 231106(043)

        RESOLVED:            (S. Cadwallader/A. Rich)
        That Council confirm the Minutes of the Environmental Committee meeting
        held 2 November, 2006 and that the recommendations contained within the
        Minutes be adopted.


        Motion of Urgency – 231106(044)

        RESOLVED:              (A. Rich/K. Johnson)
        That the item relating to the Land Development Committee Minutes 21/11/06
        be dealt with as a matter of urgency because of the commercial nature of the
        items.



Page 19 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
      MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
             HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
               THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.

        Land Development Committee Minutes – 21/11/06 – 231106(045)

        RESOLVED:             (P. Moore/K. Johnson)
        That Council confirm the Minutes of the Land Development Committee
        meeting held 21 November, 2006 and that the recommendations contained
        within the Minutes be adopted


43.     Reports from Councillors on Attendance on Council’s Behalf

        Nil Items.

        Motion of Urgency – 231106(046)

        RESOLVED:              (P. Moore/S. Cadwallader)
        That the items relating to Councillor Request for Attendance be dealt with as
        a matter of urgency as the Summit was due to be held on 27 November,
        2006.

        Councillor Request for Attendance – 231106(047)

        Cr Rich sought approval to attend a Local Government Climate Change
        Mitigation and Adaptation Summit in Sydney on Monday, 27 November, 2006.

        RESOLVED:            (P. Moore/A. Rich)
        That approval be granted for Cr Rich to attend the Local Government Climate
        Change Mitigation and Adaptation Summit in Sydney on Monday, 27
        November, 2006.


44.     Business Without Notice

        The General Manager advised that a Rescission Motion had been received in
        relation to Item 16 of today’s agenda – Australian Research Council (ARC)
        Linkage Proposal – “Cultural Industries, Creativity and the Arts in Sustainable
        Community Development” and that such Rescission Motion could be dealt
        with at this meeting.

        Rescission Motion - Australian Research Council (ARC) Linkage
        Proposal – “Cultural Industries, Creativity and the Arts in Sustainable
        Community Development” – 231106(048)

        RESOLVED:             (S. Cadwallader/P. Moore)
        That the Rescission Motion be dealt with as a matter of urgency, as grant
        applications close tomorrow.

        A Motion was moved by Cr K. Johnson and seconded by Cr A. Brown -
        That Resolution 231106(013) be rescinded.

        The Motion was LOST.


Page 20 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
     MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
            HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
              THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.

        Cr Cadwallader – vandalism in the Shire is impacting on the parks and
        gardens budget. Can Council advertise through the newspaper and through
        schools the cost of that vandalism and what has been vandalism. John
        Truman will submit report to the next Council meeting.

        Cr Cadwallader – has the trial period for Councillor mobile phones finished?
        What is happening?

        The General Manager advised that 2 Councillors had been given new phones
        to trial. He would investigate and report back to Cr Cadwallader.

        Cr Rich – Geolink have been putting out community consultation newsletters
        about Ballina Coastal Reserve. It this duplicating Precinct Plans or is this
        their work on Pat Morteon Lookout.

        John Truman advised that this was for the Coastline Hazard study.

        Cr Rich – had been approached by Pam Patterson re Shaws Bay Caravan
        Park work being undertaken. He didn’t recall resolutions of Council to
        authorise the work.

        Paul Hickey advised that a report was submitted to the September Reserve
        Trust meeting outlining works to be undertaken.

        Cr Rich asked if Ms Patterson could receive a map outlining works. Paul
        Hickey advised that Ms Patterson had also been in contact with the
        Department of Lands who were also supplying her with necessary
        information.

        Steve Barnier – sought guidance on whether Councillors would like a briefing
        from Arup/RTA on the Tintenbar to Ewingsdale Pacific Highway upgrade.

        General consensus was that Councillors would like a briefing.

        The General Manager enquired if Councillors were keen to inspect the new
        baler at the Waste Management Centre. It was agreed that an inspection of
        the whole Waste Management Centre be undertaken, with a suggested date
        of 13 December at 9 am at the Centre (Cr Rich advised that he would be an
        apology).

        Cr Silver - sought Councillor’s advice in relation to a Christmas lunch after
        the 14 December meeting. Preference was for a seafood lunch at the Council
        Chambers.




Page 21 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.
     MINUTES OF THE ORDINARY MEETING OF BALLINA SHIRE COUNCIL
            HELD IN THE COUNCIL CHAMBERS, BALLINA, ON
              THURSDAY, 23 NOVEMBER, 2006 AT 9.00 A.M.




        The Meeting closed at 5.27 p.m.




        The Minutes of the Ordinary Meeting held on 23 November, 2006 were
        submitted for confirmation by Council on 14 December, 2006, and
        amendments (if any) are contained in the confirming resolution. Such
        Minutes were signed by the Mayor at the meeting on 14 December, 2006.




Page 22 of 22 of the Minutes of the ordinary Meeting of Ballina Shire Council – 23/11/06.

……………………………… GENERAL MANAGER. ……………………………… MAYOR.

				
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